§ 20-22. Prohibited acts.

The occurrence of the conditions, acts or omissions as described in either subsection (1) or (2) of this section will constitute a violation of this article. Should a sound level measurement method be unavailable, inappropriate for a given set of circumstances, or unable to be taken by a sound level meter, subsection (2) of this section may be used to prove a violation so long as evidence exists sufficient to establish that the sound constitutes a noise disturbance pursuant to the standards provided in subsection (2) of this section.

(1)

Maximum permissible sound levels by receiving land. No person shall operate or cause to be operated any source of sound in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category in table 1 when measured at or within the real property line of the receiving land.

Table 1

SOUND LEVELS BY RECEIVING LAND USE

Land Use Category	Time	Sound Level Limit dBA
Residential, public space, or agricultural	7:00 a.m.—10:00 p.m. 10:00 p.m.—7:00 a.m.	66 55
Commercial or business	7:00 a.m.—10:00 p.m. 10:00 p.m.—7:00 a.m.	72 65
Manufacturing or industrial	At all times	75

 

a.

Correction for character of sound:

1.

For any source of sound which emits a pure tone, the maximum sound level limits set forth in table 1 shall be reduced by five dBA.

2.

For any source of impulsive sound which is of short duration with an abrupt onset, the maximum sound level limits set forth in table 1 shall be increased by ten dBA from 7:00 a.m. to 10:00 p.m.

b.

Establishment of use. In instances where an industrial or commercial use was established prior to and in an area away from a residential use and encroachment of the residential use has occurred resulting in the commercial or industrial use adjoining the residential use, the sound level limit for the receiving residential use will be that of the commercial or industrial use, whichever applicable, as set forth in table 1 above. Establishment of the commercial or industrial uses' existence before residential use encroachment is an affirmative defense to a violation of this article.

c.

Specific restrictions. In addition to the general limits set out above in table 1, the following specific acts are declared to be in violation of this article:

1.

Multifamily dwellings. In the case of multifamily dwelling units, it shall be unlawful to create or permit to be created any noise that exceeds 50 dBA during the hours between 7:00 a.m. to 10:00 p.m. or 45 dBA during the hours between 10:00 p.m. and 7:00 a.m. daily, as measured from the receiving dwelling unit within such multifamily dwelling.

2.

Construction or demolition noise. No person shall operate or permit to be operated any power-driven construction equipment without a muffler or other noise-reduction device at least as effective as that recommended by the manufacturer or provided as original equipment unless the sound level emitted by the equipment is less than the sound level limit for the applicable land use category set forth in table 1 of this section, as measured from at or within the real property line of the receiving land.

i.

The construction, erection, demolition, alteration, or repair of any building or structure, or any excavation, within or adjacent to any residential area, is prohibited before 7:00 a.m. or after 7:00 p.m. Monday through Saturday, and is prohibited at any time on Sundays or legal holidays.

ii.

Construction equipment that must be operated near a residential use on a 24-hour-per-day basis (i.e., pumps, well tips, generators, etc.) will be shielded by a barrier to reduce the noise during the hours of 6:00 p.m. to 7:00 a.m. unless the unshielded noise level is less than 55 dBA, as measured from at or within the real property line of any residential receiving land.

iii.

This section does not apply to routine household maintenance and the use of domestic power tools in connection with such routine household maintenance.

iv.

This section also does not apply to work performed by a public service utility, or other contractor approved by the city, to address or prevent a public emergency, including traffic control, is exempt from the provisions of this section.

3.

Screeching of tires, and engine or jake braking.

i.

The operation of any motor vehicle in such a way as to cause the tires thereof to screech, except where the same is necessarily caused in an emergency, as in an attempt by the operator to avoid an accident or the causing of damage or injury, shall be deemed a violation of this article.

ii.

The operation of jake brake and/or engine brake as means of reducing speed or as a means of slowing or stopping along public rights-of-way as to cause loud, explosive noise, shall be deemed a violation of this article.

d.

Sound level measurement standards. The following standards must be followed in measuring sound levels:

1.

Calibration. All sound level meters must be calibrated and serviced in accordance with the manufacturer's instructions.

2.

Sound level meter operation. The sound level meter must be operated in accordance with the manufacturer's instructions.

3.

Measurement procedures. The following procedure must be used to determine if a violation exists under this subsection:

i.

The sound level meter must be located within the boundary of the receiving land when taking the measurement.

ii.

The sound level meter must be oriented toward the source of the sound making a direct line between the sound source and the sound level meter.

iii.

The sound level meter must be set for the A-weighted network and slow response.

iv.

If possible, determine and record the ambient noise level during some point in the observation. The A-weighted ambient noise level, including wind effects and noises other than the sound source, must be at least five dbA lower than the sound level of the sound source for a violation of this article to exist.

(2)

Noise disturbance. Notwithstanding any other provision herein, it shall be unlawful for any person to make, continue, cause, or permit any noise disturbance.

a.

Standards. The standards to be considered in determining whether a noise disturbance exists under this subsection include the following:

1.

The volume of the noise, whether it is loud or quiet.

2.

The intensity of the noise.

3.

Whether there is vibration associated with the noise.

4.

The nature of the noise, i.e., raucous, unruly, harsh, etc.

5.

The volume and intensity of the ambient noise, if any.

6.

The proximity of the noise to residential sleeping facilities.

7.

The nature and use of the area from which the noise source is located.

8.

The nature and use of the receiving land.

9.

The time of day or night the noise occurs.

10.

The duration of the noise.

11.

Whether the noise is produced by a commercial or noncommercial activity.

b.

Consideration. Enforcement under subsection (2) of this section requires consideration of all applicable standards listed in subsection (2)a. and a determination as to whether or not a noise disturbance exists by the sheriff's office personnel on the scene.

(Ord. No. 14-027 , § 5, 11-6-2014)